April 7, 2015

United States Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

West Building Ground Floor Room W12-140

Washington, DC 20590

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act of 2012

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform 

Act) and C.F.R. Part 11, Seminole Club, Inc., DBA: Flatwater Studios, owner and 

operator of Small Unmanned Aircraft Systems (UASs), request to be exempted from the 

Federal Aviation Regulations (FARs) listed below so that Seminole Club, Inc., DBA: 

Flatwater Studios may operate UASs commercially in airspace regulated by the Federal 

Aviation Administration; as long as such operations are conducted within and under the 

conditions outlined herein or as may be established by the FAA as required by section 

333.

The Name and address of the applicant is:

Seminole Club, Inc. (SCI)

DBA: Flatwater Studios

Attn: Curt Daniels

709 West Park Ave

Suite D

Edgewater, Florida 32132

curt@flatwaterstudios.com

386-957-3925

As described below, the requested exemption would permit the operation of lightweight 

(less than 55 lbs total take off gross weight) UASs under controlled conditions for 

commercial use by professional certificated pilots thereby enhancing safety and fulfill the 

Secretary of Transportation's (the FAA Administrator's) responsibilities to “.... establish 

requirements for the safe operation of such aircraft systems in the national airspace 

system." Section 333(c) of the Reform Act.

SCI respectfully requests the grant of an exemption to the following specific sections of 

the Title 14 Code of federal Regulations allowing it to operate lightweight UAS's for 

commercial use:

14 CFR 21, subpart H, 14 CFR 45.23(b), 14 CFR 91.7(a), 91.9 (b)(2),

91.103(b), 91.109, 91.119, 91.121, 91.151(a), 91.203(a) &(b), 91.405(a),
91.407(a)(1), 91.409(a)(2), 91.417(a) &(b)

SCI submits this application in accordance with the Reform Act, 112 P.L. 95 331-334, 

seeking relief from any currently applicable FAR's operating to prevent SCI’s future 

commercial use of small UASs to operate in the national airspace system as described 

below. The Reform Act Section 332 provides for such integration of civil unmanned 

aircraft systems into our national airspace system as it is in the public's interest to do so. 

SCI’s lightweight UASs meet the definition of "small unmanned aircraft" as defined in 

section 331 and therefore the integration of SCI’s lightweight UASs are expressly

contemplated by the Reform Act. SCI would like to operate its lightweight UASs prior to 

the time period by which the Reform Act requires the FAA to promulgate rules governing 

such aircraft.

The Reform Act directs the Secretary of Transportation to consider whether certain

unmanned aircraft systems may operate safely in the national airspace system (NAS) 

before completion of the rulemaking required under Section 332 of the Reform Act. In 

making this determination, the Secretary is required to determine which types of UASs

do not create a hazard to users of the NAS or the public or pose a threat to national 

security in light of the following:

• The UAS's size, weight, speed and operational capability

• Operation of the UAS in close proximity to airports and populated areas

• Operation of the UAS within visual line of sight of the operator Reform Act 333 (a)

If the secretary determines that such vehicles "may operate safely in the National 

Airspace System, the Secretary shall establish requirements for the safe operation of such 

aircraft in the National Airspace System."

SCI's UAS’s are rotorcraft weighing less than 55 pounds including payload. They operate 

at a speed of less than 50 knots and have the capability to hover and move in the vertical 

and horizontal plane simultaneously. The UAS will operate only within the line of sight 

of the pilot within a protected flight area as described below. Such operations will insure 

that the UASs will not create a hazard to the users of the national airspace system or the 

public.

The small nature of the UASs utilized by SCI combined with the safety protocols 

outlined below will allow for a greater than equivalent level of safety in which Congress 

envisioned that the FAA must, by exemption allow commercial operations of UASs to 

commence immediately. Also due to the size of the UASs and the areas and altitudes they

will operate, approval of the exemption presents no national security issue and absolutely 

minimal safety concerns which have been mitigated through a rigorous risk management

process. Given the clear direction given in Section 333 of the Reform Act, the authority

contained in the Federal Aviation Act, as amended; the strong equivalent level of safety 

surrounding the proposed operations, the significant public benefit, including enhanced 

safety, reduced emissions utilizing UASs vice traditional aircraft as well as the economic 

impact of greatly reducing the cost of aerial photography thereby benefiting the greater 
public's interest. Accordingly, the applicant requests that the FAA grant the requested 

exemption without delay.

The following limitations are considered to be binding for the operation of UASs for 

commercial purposes by SCI:

1. Flights will be operated in the line-of-sight by a ground-based pilot

2. Flights will only occur in the daytime and clear of clouds

3. The UASs will weigh less than 55lbs at take off and during flight

4. Flights will be terminated with 25% of battery life remaining

5. Flights will be operated at an altitude at or below 400' AGL

6. Pilots, camera operators and observers will be trained as to the applicable portion of 

the UAS's manual as well as the SOPs.

7. Minimum UAS crew will be one certificated Commercial pilot or higher rating with a 

current FAA medical. A camera operator and or observer may be added as required to 

further reduce the possibility of task saturation by the pilot depending on the mission 

requirements.

8. Pilot, observer and camera operator will maintain real time communication capability

throughout flight operations.

9. The UAS Pilot will conduct a full site survey to determine the Area of Responsibility

(AOR). This AOR is the actual area for UAS operations for a particular day. Each survey

will include the assessment of potential hazards to include but not limited to airspace 

classification, NOTAMS, temporary flight restrictions, closest airport proximity, natural 

and manmade obstacles, and unnecessary persons which may pose a risk to operations or 

safety. If deemed necessary, the crew will employ additional personal as safety observers.

10. SCI will employ safety observers as well as sign notifications in areas close to public 

activity.

11. A thorough briefing will be conducted, prior to the first flight of the day in an AOR, 

utilizing the briefing guide in the SOPs. All persons who will be in the AOR while UAS 

flights are conducted will be present for this briefing.

12. SCI will obtain consent (verbal or written) for any persons who need to be within 100 

feet of UAS flight operations.

13. Written and or verbal permission from the relevant property owners will be obtained 

prior to flight.

14. All required permissions and permits would be obtained from territorial, state, county

or city jurisdictions, including local law enforcement, fire or other governmental 

agencies.

15. If the UAS loses communications or loses its GPS signal, the UAS will have the 

capability to return to a pre-determined location within the AOR and land autonomously.

16. The UAS will have the ability to abort a flight in case of unpredicted obstacles or 

emergencies.

14 C.F.R Part 21 Subpart H: Airworthiness Certificates 14 C.F.R. 91.7(a), 91.203

(a)(1)
Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of 

necessary airworthiness certificates in relation to FAR 91.203(a)(1) The size, weight and 

defined area of operations for SCI UAS flights permits exemption from Part 21 because 

SCI meets an equivalent level of safety pursuant to Section 333 of the Reform Act. The 

FAA is authorized to exempt aircraft from the airworthiness certificate requirement under 

both the ACT (49 U.S. C. 44701(f)) and Section 333 of the Reform Act. Both pieces of

legislation permit the FAA to exempt UASs from the airworthiness certificate

requirement in consideration of weight, size, speed, maneuverability and proximity to 

areas such as airports and dense populations. SCI meets or exceeds each of these 

elements.

14 C.F.R. 91.203 (a &b) provides for carrying of civil aircraft certifications and 

registrations. They are inapplicable for the same reasons stated above. The equivalent 

level of safety will be achieved by maintaining such certifications and registrations at 

SCI’s flight operations center.

14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness 

certificate. As no such certificate will be applicable in the form contemplated by the 

FARs, this regulation is inapplicable.

14 C.F.R. 91.9(b)(2) Civil Aircraft Flight Manual in the Aircraft

14 C.F.R. 91.9(b)(2) requires an aircraft flight manual in the aircraft. As there are no 

pilots of passengers, and given the size of the UASs, this regulation is inapplicable. An 

equivalent level of safety will be achieved by maintaining an operators manual at the 

flight operations center. The FAA has previously issued exemptions to this regulation in 

Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602,

10700 and 32827.

14 C.F.R. 91.103(b) Preflight actions

14 C.F.R. 91.103 Each pilot in command shall, before beginning a flight, become 

familiar with all available information concerning that flight. This information must 

include: (b) For any flight, runway lengths at airports of intended use, and the following 

takeoff and landing distance information. This subparagraph is not applicable due to our 

off airfield operations.

14 C.F.R. 91.109 Flight instructions; Simulated instrument flight and certain flight 

tests.

14 C.F.R. 91.109 and all the subparagraphs address the operation of a civil manned 

aircraft in conjunction with training and flight tests. The UAS to be employed by SCI are 

not designated in this category.
14 C.F.R. 91.121 Altimeter Settings

14 C.F.R. 91.121 regarding altimeter settings is inapplicable because SCI UASs utilize 

GPS systems and internal gyroscopes to provide spatial stability and a reference datum.

14 C.F.R. 91.151 Fuel Requirements for Flight in VFR Conditions

14 C.F.R. 91.151 prohibits an individual from beginning a "flight in an airplane under 

VFR conditions unless (considering wind and forecast weather conditions) there is 

enough fuel to fly to the first point of intended landing, and assuming normal cruising 

speed- (1) During the day to fly after that for at least 30 minutes; or (2) At night, to fly

after that for at least 45 minutes.

The battery powering the UAS provides approximately 25 minutes of powered flight, 

which is less than the reserve requirement alone by FARs for day or night VFR flight. 

Given the limitations on the UAS's flight envelope, proposed AOR size, battery life and 

its ability to land immediately it is reasonable to allow an exception.

An equivalent level of safety can be achieved by limiting flights to 25% of battery power. 

This restriction would be more than adequate to return the UAS to its planned landing 

zone in the AOR.

Similar exemptions have been granted to other operations, including Exemptions 2689F, 

5745, 10673 and 10808.

14 C.F.R. 45.23 Marking of the Aircraft

Applicable Codes of Federal regulations require aircraft to be marked according to 

certain specifications. SCI UASs are unmanned; do not have a cabin, cockpit or pilot 

station on which to mark certain words or phrases. Further, two-inch lettering is 

impractical to place on such small aircraft. SCI will, however, place the word 

"EXPERIMENTAL" on its fuselage as required by 14 C.F.R. 45.29 (f) so that the pilot, 

camera operator, observer and any other persons operating in the AOR can see the 

markings on the UAS. The FAA has previously issued exemptions to this regulation 

through Exemptions Nos. 8738, 10167, 10167 A, and 10700.

14 C.F.R. 91.119 Minimum Safe Altitudes

14 C.F.R. 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows 

helicopters to be operated at lower altitudes in certain conditions. SCI will only operate 

its UASs at or below 400 AGL. SCI will operate its UASs in a defined AOR that has 
been carefully reviewed for hazards and minimizes the presence of any persons not 

essential for operations. Flights will only be conducted over private property with consent 

of the property owner. The equivalent level of safety will be achieved given the size, 

weight and speed of the UAS as well as the location where it is operated. Compared to 

flight operations with traditional aircraft or rotorcraft weighing far more than 55lbs, 

operating below 500 AGL with flammable fuel UAS operations present a far smaller risk.

14 C.F.R. 91.405 (a), 407 (a)(1), 409(a)(2), 417(a&b) Maintenance Inspections

These regulations require that an aircraft operator or owner "shall have the aircraft 

inspected as prescribed in subpart E of this part and shall between required inspections, 

except as prescribed in paragraph (c) of this section, have discrepancies repaired as 

prescribed in part 43 of this chapter, and others shall inspect or maintain the aircraft in 

compliance with Part 43.

These regulations only apply to aircraft with an airworthiness certificate. They will not, 

therefore, apply to SCI UASs should its requested exemption be granted. As an 

equivalent level of safety SCI requires its pilots to conduct a preflight, through flight and 

post flight inspection of the UAS to ensure it's flight worthiness prior to launch. Each 

UAS is flown in compliance with the applicable manufactures manual to include all 

software update cycles as well as flight checklists. In the event of a malfunction the UAS 

can land immediately.

Privacy

All flights will occur over private or controlled access property with the property owner's 

prior consent and knowledge.

Summary

SCI is seeking exemption from the following rules: 

14 CFR 21, subpart H, 14 CFR 45.23(b), 14 CFR 91.7(a), 91.9 (b)(2), 91.103(b), 91.109,

91.119, 91.121, 91.151(a), 91.203(a)&(b), 91.405(a), 91.407(a)(1), 91.409(a)(2),

91.417(a)&(b).

Approval of the above exemptions allowing commercial operations of small UASs in the 

service of aerial photography will greatly enhance safety by reducing the overall risk 

associated with traditional aircraft. Traditional aerial photography requires large aircraft 

weighing thousands of pounds and carrying hundreds of pound of fuel presenting a 

significant risk to life and property. With SCI's use of small UASs weighing less than 55 

lbs, powered by batteries and operating at or below 400 AGL they virtually eliminate all 

of the risk associated with traditional aerial photography. The UASs will carry no people 

thereby eliminating the exposure to the risks associated with flying while accomplishing 
the same task in a much safer manner.

Granting SCI the above exemptions will allow for the expansion of UAS systems into the 

future, in a professional, safety conscious culture steep in the tradition of Aviation. The 

safety culture established by the founding members of SCI is based on our 35+ years of 

business experience. 

.

SCI respectfully requests that the FAA grant its exception without delay. The FAA has 

the authority to issue the exemption sought by SCI pursuant to the Federal Aviation Act, 

85 P.L. 726 (1958), as amended (the "Act").

Sincerely,

Curt Daniels

Seminole Club, Inc.

DBA: Flatwater Studios

709 West Park Ave

Suite D

Edgewater, FL 32132